In view of plaintiff's failure to file a note of issue or to move to extend the period for compliance within 90 days following plaintiff's June 29, 1996 receipt of defendants' demand pursuant to CPLR 3216 (b) (3) and plaintiff's further failure to oppose defendants' dismissal motion with a justifiable excuse and an adequate showing of merit, Supreme Court acted well within its discretion in dismissing the complaint (see, Baczkowski...
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